A federal appeals court announced Tuesday that California’s Proposition 8 violates the legal rights of gay and lesbian couples. The ruling thereby clears the path for a future U.S. Supreme Court ruling on same-sex marriage as early as next year. The anti-gay organization ProtectMarriage has vowed to appeal the decision to a larger panel in the same appeals court, or go directly to the U.S. Supreme Court.
The three-judge panel of the U.S. 9th Circuit Court of Appeals made the ruling by a 2-1 decision striking down Proposition 8 as an unconstitutional measure. Proponents of Prop. 8 have already promised to appeal the decision.
“Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California,” the court said.
The court’s ruling upholds a decision made by retired Chief U.S. District Judge Vaughn R. Walker who struck down the discriminatory policy in 2010. Walker, openly-gay, was criticized for his decision by proponents of the measure but the “appeals court refused to invalidate Walker’s ruling on the grounds that he should have disclosed he was in a long term same-sex relationship,” the Los Angeles Times is reporting.
If the case continues on to a higher court, the Los Angeles Times is reporting that Justice Anthony Kennedy may preside over the case, issuing the deciding vote.
